China Environmental Law

There have been plans for at least the last seven years to build a series of 13 dams on the middle and lower sections of the scenic Nu River in Yunnan Province.  This is no small project.  China Huadian, a state-owned power company, and developer of the project reports that “once completed the 13 dams will have a total capacity of 21,320MW-about 17 per cent more than the massive Three Gorges Dam on the Yangtze River.”  It would “generate than 103 million MW of power a year and 36 billion yuan (US$ 5.4 billion) in annual revenue. Local government would get at least 1 billion yuan a year.” 

The project has, however, been mired in controversy.  On one side are the developers and local government (and a host of scientists and academics in their employ), and on the other side are local residents, environmental activists and downstream neighbors of China.  At least 50,000 would be displaced by the project, and the natural character of the swift flowing, gorge constrained, river, a World Heritage site, would be forever altered. 

Development of the project was formally halted in 2004 on the orders of Premier Wen Jiabao.  He urged a comprehensive review of the environmental effects of the project and its impact upon local residents.  Despite the Premier’s intervention, the developer and local authorities continued to shut out local opponents to the project and presented a biased picture of its benefits to the environmental authorities.  See this excellent article in China Dialogue and follow its links for more information about this process. 

It is unclear what the environmental impact assessment performed for the project concluded or whether it was formally approved by the Ministry of Environmental Protection (MEP) (I am assuming, given the size of the project, that national approval was required).  A Bangkok Post article of March 14, 2008 notes that “[a]lthough an official environmental impact assessment (EIA) for the Nujiang dam cascade exists, it has never been publicly released as required by Chinese law, due to ‘national security.’” 

I have found nothing which definitively says the project EIA was approved.  However, it was recently reported that “preparatory work was underway to start building one of the dams in a few months time, strengthening riverbanks near the dam site and paving roads for the project” have begun.  Thus, the EIA was either approved or the need for approval is being ignored. 

As a result of this construction work, environmental groups, scientists and university scholars published an open letter in February calling for the  release of the project’s environmental impact assessment and the holding of a public hearing on the issue.

Premier Wen Jiabao has now directly intervened again

The Prime Minister of China has ordered a halt to construction of a hydroelectric plant on one of the country’s most remote and beautiful rivers. He has demanded an in-depth study of the likely impact on the local ecology and communities. . . .

In calling a halt, he told the authorities to “widely heed opinions, expound on [the plan] thoroughly and make prudent decisions”, the South China Morning Post in Hong Kong reported.

Whether the current halt will prove any more successful in fostering true public participation in the decision-making process remains to be seen.  One assumes that being stomped on twice by the Premier is not a good sign for the proponents of this project.  The fact that the Premier had to stomp again, however, points up the practical limitations on the national authorities in having their will enacted at the local level.  The MEP has been AWOL during this whole affair, and has not done much to enhance its reputation as a defender of the environment.  It is also clear that the muzzle on Pan Yue is still firmly in place since he had been an early opponent of this project, but has not been heard from lately.

Although I am glad this project has been placed on hold, does anyone out there know upon what legal authority the Premier’s power to stop a project like this rests?